Wayne County Criminal Court

Wayne County Criminal Court hears all criminal cases in Wayne County. Below you will find specific information about criminal cases and how they are handled in Wayne County.

Mandatory Appearances in Wayne County Criminal Court

At a mandatory or required court appearance in Wayne County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.

Wayne County Criminal Court hearings

Criminal hearings in Wayne County will take place at the Wayne County Criminal Courts. Please see here for a list of the Wayne County Criminal Court Locations.

Wayne County Criminal Court

Wayne County Criminal Court

Jury Deliberation

In a jury trial in Wayne County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.

Arraignments in Wayne County

During an arraignment in Wayne County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Wayne County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Wayne County the defendant may be sentenced at that time or the sentencing may take place at a later date.

Plea Agreements

A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Wayne County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.

Who is the prosecutor for Wayne County?

Depending upon the case, the prosecutor for Wayne County criminal cases will either be a representative of Wayne County or a representative from Mississippi. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.

Can I appeal a guilty verdict?

If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.

The Right to Trial by Jury

The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.

The Right to Counsel

The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.

I need help for my Wayne County criminal case

The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Wayne County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Wayne County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.

Burden of Proof

The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.

If guilty, who sentences the defendant?

If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.

Wayne County Criminal Court Locations

  • Wayne County Circuit Court

    Address: 609 Azalea Dr, Waynesboro MS 39367
    Phone: 601-735-1171 Fax: 601-735-6261

  • Wayne County Chancery Court

    Address: 609 Azalea Dr, Waynesboro MS 39367
    Phone: 601-735-2873 Fax: 601-735-6224

  • Wayne County Youth Court

    Address: 609 Azalea Dr, Waynesboro MS 39367
    Phone: 601-735-2873 Fax: 601-735-6224

  • Wayne County Justice Court

    Address: 810 Chickasawhay St, Waynesboro MS 39367
    Phone: 601-735-3118 Fax: 601-735-6266

  • Waynesboro Municipal Court

    Address: 714 Wayne St, Waynesboro MS 39367
    Phone: 601-735-3192 Fax: 601-735-6409

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